The opportunity to conduct an independent analysis and performance review of a new breath alcohol testing device is rare, particularly the higher-end, evidentiary-level units.
Access to these technologies is stringently controlled by both their manufacturers and the police and government agencies that control them.
Additionally, state agencies are often reluctant to publish the results of their official assessments and analysis of the devices.
When given the opportunity to perform such a review on a new Intoxilyzer 9000, I designed a series of experiments to quickly analyze the overall performance of the device.
I attended the device’s location with colleague Tom Workman (1948 – 2019) to determine its suitability and reliability in a number of key areas, including:
Overall design and ease of use
Accuracy in determining in vitro [2] BrAC levels using a simulator
The ability of the device to determine the presence of Fresh Mouth Alcohol using a Residual
Alcohol Detection System (RADS) or the so-called “slope detector”.
Reliability in reporting BrAC [3] readings that are highly specific to ethanol
The effect of Radio Frequency Interference on the device [4]
This article will provide a general overview of the operational characteristics of the Intoxilyzer 9000. We will additionally look at the apparent accuracy of the device using simulator readings, and examine the ability of the device to “flag” false positive reading caused by fresh mouth alcohol contamination.
Attorney Michael Komorn
State / Federal Legal Defense
With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.
Parts two and three are in the drop down menu at the site but not easy to notice. The links are below if you have trouble.
Part Two and Part Three will examine the unit’s specificity towards ethanol detection and its ability to identify the presence of an interferent chemical, and the capacity of the device to detect Radio Frequency Interference.
Can I drink alcohol and smoke cannabis if I'm canoeing or kayaking or tubing or paddleboarding or just floating around?While Michigan law doesn't explicitly forbid consuming alcohol on non-motorized vessels like canoes or kayaks, it's strongly discouraged for safety...
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THC Detection in Blood: Challenges and Implications
When it comes to enforcing drugged driving laws, police and employers face a unique challenge with marijuana. Unlike alcohol, which is metabolized and eliminated relatively quickly, THC, the psychoactive compound in marijuana, can remain detectable in the blood for several days or even weeks after use.
This is because THC is highly fat-soluble, meaning that it dissolves easily in fat cells. Once THC is absorbed into the bloodstream, it is distributed throughout the body, including the fat cells. When THC reaches the brain, it binds to cannabinoid receptors, producing the intoxicating effects associated with marijuana use.
As the intoxicating effects of THC wear off, it is released from the brain and redistributed to other tissues, including the fat cells. THC can be stored in fat cells for weeks or even months, and it is released slowly back into the bloodstream over time.
This means that a blood test for THC can detect past marijuana use, even if the individual is no longer under the influence. This poses a challenge for law enforcement and employers, who may want to use blood tests to identify drivers or employees who are currently impaired by marijuana.
Scientific Evidence
A number of studies have investigated the relationship between THC blood levels and impairment. One study found that THC blood levels above 5 ng/mL were associated with an increased risk of impaired driving performance. However, another study found that some individuals with THC blood levels below 5 ng/mL were still impaired, while others with THC blood levels above 5 ng/mL were not impaired.
These findings suggest that THC blood levels are not a reliable indicator of impairment. Other factors, such as individual metabolism, tolerance, and route of administration, can also play a role.
Implications
The limitations of THC blood tests for detecting impairment have important implications for law enforcement and employers. Law enforcement officers should not rely solely on blood tests to determine whether a driver is impaired by marijuana. They should also consider other factors, such as the driver’s behavior and performance on field sobriety tests.
Employers who use blood tests to screen employees for marijuana use should be aware that a positive test result does not necessarily mean that the employee is impaired at work. Employers should have a clear policy in place for responding to positive drug tests, and they should take into account all relevant factors, such as the employee’s job duties and performance.
Conclusion
THC detection in blood is a complex issue with important implications for law enforcement and employers. It is important to understand the limitations of THC blood tests and to use them in conjunction with other information to assess impairment.
Implications
The limitations of THC blood tests for detecting impairment have important implications for law enforcement and employers. Law enforcement officers should not rely solely on blood tests to determine whether a driver is impaired by marijuana. They should also consider other factors, such as the driver’s behavior and performance on field sobriety tests.
Employers who use blood tests to screen employees for marijuana use should be aware that a positive test result does not necessarily mean that the employee is impaired at work. Employers should have a clear policy in place for responding to positive drug tests, and they should take into account all relevant factors, such as the employee’s job duties and performance.
Conclusion
THC detection in blood is a complex issue with important implications for law enforcement and employers. It is important to understand the limitations of THC blood tests and to use them in conjunction with other information to assess impairment.
Conclusion
THC detection in blood is a complex issue with important implications for law enforcement and employers. It is important to understand the limitations of THC blood tests and to use them in conjunction with other information to assess impairment.
Vehicle Code:Persons under the age of 21 may be prosecuted for operating a motor vehicle with the presence of marihuana in their system
Criminal Law:Ethnic intimidation based on gender includes harassing or intimidating another person because of the actual or perceived gender of that person.
Statutes: Code of Criminal Procedure amended to prohibit issuance of appearance tickets to a person arrested for an “operating while intoxicated” offense;Juvenile Law: Individuals who are 17 years of age to be treated as juveniles in criminal proceedings rather than automatically being treated as adults;Did You Know: The mere presence of an unidentified cocaine metabolite is insufficient to prove operation of a vehicle with the presence of “any amount” of cocaine in the body.
Statutes: The Code of Criminal Procedure amended to require persons arrested for certain misdemeanor and ordinance violations not exceeding 1-year in jail to be released from custody upon issuance and service of an appearance ticket;Vehicle Code: The Michigan Vehicle Code amended to eliminate the requirement to provide an audible signal when overtaking another vehicle.
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Having a valid driver’s license is essential for individuals to engage in their daily routines, such as commuting to work, running errands, socializing, and more. Without the ability to legally drive, one faces limitations in performing these ordinary activities.
If you find yourself facing the daunting task of navigating the administrative process to reinstate your driver’s license, know that you don’t have to tackle it alone. At Komorn Law, we understand the complexities involved and are here to provide you with the guidance and support you need.
You know how it feels to be without the ability to drive legally. I don’t think we need to say anymore.
Our experienced team is well-versed in the intricacies of the reinstatement process, ensuring that you have the best chance of successfully regaining your license.
So just call us and talk to us about your situation. We’ll let you know if and how we can help you. The evaluation is free.
Vehicle Code:Persons under the age of 21 may be prosecuted for operating a motor vehicle with the presence of marihuana in their system
Criminal Law:Ethnic intimidation based on gender includes harassing or intimidating another person because of the actual or perceived gender of that person.
Statutes: Code of Criminal Procedure amended to prohibit issuance of appearance tickets to a person arrested for an “operating while intoxicated” offense;Juvenile Law: Individuals who are 17 years of age to be treated as juveniles in criminal proceedings rather than automatically being treated as adults;Did You Know: The mere presence of an unidentified cocaine metabolite is insufficient to prove operation of a vehicle with the presence of “any amount” of cocaine in the body.
Statutes: The Code of Criminal Procedure amended to require persons arrested for certain misdemeanor and ordinance violations not exceeding 1-year in jail to be released from custody upon issuance and service of an appearance ticket;Vehicle Code: The Michigan Vehicle Code amended to eliminate the requirement to provide an audible signal when overtaking another vehicle.
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Does the Michigan Regulation and Taxation of Marihuana Act protect you in all Marijuana scenarios?The Conflict The central issue in this interlocutory appeal is whether the Michigan Regulation and Taxation of Marihuana Act (MRTMA), MCL 333.27951 et seq., prevents a...
The "automobile exception" in Michigan law allows police to search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime.This exception is grounded in the idea that vehicles are inherently mobile, meaning evidence could be...
The case People of Michigan v. Freddie Wilkins III (No. 367209) revolves around a legal challenge regarding the search of a vehicle without a warrant.Police conducted a warrantless search under the "automobile exception."The case People of Michigan v. Freddie Wilkins...
Carrying a concealed weapon (CCW) in Michigan without proper authorization is a crime.Carrying a concealed weapon (CCW) in Michigan without proper authorization can lead to serious criminal charges. Michigan law has strict regulations regarding firearms, and violating...
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What's the difference between probable cause and reasonable suspicion?Definition of Probable Cause Probable cause refers to the belief held by a reasonable person that a crime is currently being committed, has already been committed, or is likely to be committed in...
Tetrahydrocannabinol (THC), the main psychoactive compound in marijuana, can remain detectable in the blood for several days or even weeks after use. This is due to the fact that THC is highly fat-soluble, meaning that it dissolves easily in fat cells. Once THC is absorbed into the bloodstream, it is distributed throughout the body, including the fat cells. When THC reaches the brain, it binds to cannabinoid receptors, producing the intoxicating effects associated with marijuana use.
As the intoxicating effects of THC wear off, it is released from the brain and redistributed to other tissues, including the fat cells. THC can be stored in fat cells for weeks or even months, and it is released slowly back into the bloodstream over time. This means that a blood test for THC can detect past marijuana use, even if the individual is no longer under the influence.
Have you been charged with driving while high?
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A number of factors can affect how long THC remains detectable in the blood, including:
Frequency of use: Chronic marijuana users tend to have higher THC blood levels than occasional users.
Metabolism: Individuals with faster metabolisms tend to clear THC from their system more quickly.
Body composition: Individuals with higher body fat percentages tend to have higher THC blood levels.
Method of use: Different methods of marijuana use can result in different THC blood levels. For example, smoking marijuana tends to result in higher THC blood levels than eating marijuana.
Interpretation of THC Blood Test Results
It is important to note that THC blood levels do not necessarily correlate with impairment. Some individuals with high THC blood levels may not be impaired, while others with low THC blood levels may be impaired. Other factors, such as individual tolerance, route of administration, and time since use, can also play a role.
Additional Scientific Details
In addition to the information above, here are some additional scientific details about THC detection in blood:
THC is metabolized by the liver into a number of different metabolites, including 11-hydroxy-THC (11-OH-THC). 11-OH-THC is more potent than THC and has a longer half-life, meaning that it remains in the body longer.
The half-life of THC in the blood ranges from 1.3 to 13 days, depending on the individual’s metabolism and other factors.
THC can be detected in blood using a variety of analytical methods, including gas chromatography-mass spectrometry (GC-MS) and liquid chromatography-mass spectrometry (LC-MS).
Future Research Directions
Additional research is needed to better understand the relationship between THC blood levels and impairment. Researchers are also working to develop new methods for detecting THC in blood that are more sensitive and specific.
Did You Know
Michigan State Police Legal Updates
MSP Legal Update No. 153 (01/2023)
Search & Seizure: The smell of marihuana, standing alone, no longer constitutes probable cause to search for that substance
Vehicle Code: Violation for impeding traffic requires evidence the accused’s conduct actually affected the normal flow of traffic.
Vehicle Code:Persons under the age of 21 may be prosecuted for operating a motor vehicle with the presence of marihuana in their system
Criminal Law:Ethnic intimidation based on gender includes harassing or intimidating another person because of the actual or perceived gender of that person.
Statutes: Code of Criminal Procedure amended to prohibit issuance of appearance tickets to a person arrested for an “operating while intoxicated” offense;Juvenile Law: Individuals who are 17 years of age to be treated as juveniles in criminal proceedings rather than automatically being treated as adults;Did You Know: The mere presence of an unidentified cocaine metabolite is insufficient to prove operation of a vehicle with the presence of “any amount” of cocaine in the body.
Statutes: The Code of Criminal Procedure amended to require persons arrested for certain misdemeanor and ordinance violations not exceeding 1-year in jail to be released from custody upon issuance and service of an appearance ticket;Vehicle Code: The Michigan Vehicle Code amended to eliminate the requirement to provide an audible signal when overtaking another vehicle.
THC Detection in Blood: A Comprehensive Review Tetrahydrocannabinol (THC), the main psychoactive compound in marijuana, can remain detectable in the blood for several days or even weeks after use. This is due to the fact that THC is highly fat-soluble, meaning that it...
Ignition interlock devices (IIDs) are becoming increasingly common in the state of Michigan. An IID is a device that is installed in a vehicle and prevents the engine from starting unless the driver blows a breathalyzer test and their blood alcohol content (BAC) is...
Walking to work is fun. In fact very healthy and climate friendly. But sometimes wouldn't you rather just drive? Unfortunately if your not one of the privileged and had your drivers license suspended or revoked then you have to fight to get it back. Driver License...
Question: Can I have open alcohol in a trailer or camper that is being pulled on the road? Answer: In most instances transporting or possession of open intoxicants in a vehicle is not permitted. MCL 257.624a states in part, "a person who is an operator or occupant...
So you got pulled over and charged with DUI from Cannabis use and this ends up on the report 11-Nor-9-carboxy-Δ9-tetrahydrocannabinol (11-COOH-THC or THC-COOH) as part of the test results. What is it?? Here's what they say...
DUI in MichiganDriving under the influence (DUI) is a serious offense in Michigan that can result in severe legal consequences. Michigan DUI laws and penalties are designed to prevent impaired driving and keep the roads safe for everyone. From fines and license...
Michigan's OWI Laws and PenaltiesAn DUI / OUI / OWVI conviction requires proof only that the driver shows visible signs of impairment due to ingesting alcohol or drugs. The Michigan Law Under MCL 257.625(3), you are assumed guilty of a crime if, regardless of your...
Michigan Laws on Boating Under the InfluenceBoating is a fun activity, but it can be dangerous if the operator is under the influence of drugs or alcohol. Michigan law prohibits operating a motorboat while under the influence of drugs or alcohol. Boating Under the...
Komorn Law clients speak about their experience with the legal system Several of Komorn Law client's as well as other individuals have chosen to speak about their encounter with law enforcement, the legal system and how it has affected their lives, families and...
Marijuana Criminal Defense Client with medical marijuana card was charged with marijuana possession. Client was assigned a court appointed lawyer and encouraged to plead guilty and accept 3 months of probation. Client hired Michael Komorn for representation and...
To obtain your certified complete driving record, you can visit your local Secretary of State (SOS) office, request it online, or order it by mail. The cost for obtaining this record is $12.
To purchase a certified copy of your driving record online:
Create an account through MiLogin and authenticate your information on our website.
Your record will only be visible for 7 days.
Pay with a credit or debit card (additional fees apply) or e-check/bank account number.
Fee: $12
Ensure that you specifically request your certified complete record, as edited versions may not provide the necessary information. A complete record will have the number “42” on the second line of the upper left corner.
Once you have your driving record, carefully review everything below the section labeled “End of Record History.”
This section contains important and vital information about anything that must be addressed before your license can be reinstated. It includes details such as dates, locations, specific offenses, and suspension dates, if applicable.
If you see discrepancies on your driving record, you will need to contact the listed court for tickets and the listed police department for accidents. Corrections will then be sent to the Michigan Department of State to update your record. If you need to discuss other details of your record, call the Driver Records Activity Unit at 517-636-6406.
How long is my driving record available for viewing online?
The link for your electronic driving record in Michigan is only accessible for 7 days. During the seven-day period, you may view your electronic driver record as many times as you need to by logging in and choosing the option to View Transaction History. It is recommend you save your documents to your computer or device so that you may conveniently view the record at any time.
Do I need a certified copy of my driving record?
If you are purchasing your driving record for your own reference, you may not need a certified record. If you are purchasing a copy of your record for a court case, or for an employer, check with the person requesting the record to verify what type of record is needed and if it needs to be certified.
NOTE: All driving records purchased in Secretary of State offices are certified records.
Can I purchase a driving record for another person?
In most cases, Michigan residents can only purchase their own records. The following exceptions are allowed by law:
Commercial and governmental agency users The Michigan Department of State allows commercial and governmental users to obtain driver’s license, vehicle, mobile home, watercraft, and recreational vehicle records under certain specified conditions.
Driving Record Subscription Service The Driving Record Subscription Service provides organizations with the driving records of their employees on an annual basis, or whenever there are violations, restrictions, suspensions, or revocations posted to the driving record.
DISCLAIMER In a legal environment that continues to evolve, it is essential to stay informed and seek guidance from knowledgeable professionals. Before acting on any information you find on the internet, this website, any linked website, any referring website or any verbal or written information consult a licensed attorney. Contact Komorn Law today to discuss your case and learn how we can assist you in navigating the complexities of Michigan’s laws. Consult an Attorney – Remember you’re on the internet.
